In re Bradford W.

200 A.3d 1256
CourtSupreme Judicial Court of Maine
DecidedJanuary 29, 2019
DocketDocket: Som-18-271
StatusPublished
Cited by3 cases

This text of 200 A.3d 1256 (In re Bradford W.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Bradford W., 200 A.3d 1256 (Me. 2019).

Opinion

PER CURIAM

*1257[¶1] Katie and Bradford W. appeal from a judgment of the District Court (Skowhegan, Nale, J. ) terminating their parental rights to their children pursuant to 22 M.R.S. §§ 4050 - 4056 (2017). The father advances no arguments on appeal, and the mother argues that the District Court erred in taking judicial notice of prior proceedings. We conclude that the court independently assessed all facts presented and that its determination that termination of parental rights was established by clear and convincing evidence is supported by the record. We therefore affirm.

I. BACKGROUND

[¶2] Following a four-day termination hearing that concluded on May 11, 2018, the court issued a judgment dated June 13, 2018, in which it found by clear and convincing evidence that the mother and father were unable to take responsibility for their children within a time reasonably calculated to meet their children's needs and that it was in the best interests of the children that parental rights be terminated. See 22 M.R.S. § 4055(1)(B)(2)(a), (b)(ii). At the hearing, the Department requested that all guardian ad litem reports be admitted in evidence and that the court take judicial notice of all prior court orders in the case. Counsel for both the mother and the father stated that they had no objection. The court accordingly took judicial notice of its prior orders, the findings and conclusions of law in those orders, see In re Scott S. , 2001 ME 114, ¶ 13, 775 A.2d 1144, and the reports of the guardian ad litem, see In re Children of Melissa F. , 2018 ME 110, ¶ 2, 191 A.3d 348.

[¶3] The District Court included in its findings detailed descriptions of the children's medical and dental conditions, which were both numerous significant, and of each child's serious behavioral challenges. The court's finding of parental unfitness and its determination of the children's best interests were based upon the following findings of fact:

[A]t trial the mother and father did not believe that they played any role in the Department removing the children from their care....
... [T]he father accepts very little responsibility for his children being in State custody.... [T]he father is unaware of any diagnoses of his son ....
During the term of the Department's involvement in this matter, the father did very little, if anything at all, to learn of the many needs of his children. The father was provided all the medical provider reports of his children. He failed to read any of them.... [T]he mother and father have very little insight as to the many needs of their children. Their lack of insight is their own doing.
....
Despite all of the assistance the Department has offered, the parents, very late in the process, have only recently [begun] counseling with qualified mental health counselors and have not yet come to fully understand or accept how their behavior has so badly impacted their children.... [T]here is no time-line as to when the parents will have their own issues addressed to a level where they can begin to address the many issues that have burdened their children.

II. DISCUSSION

[¶4] "We review the trial court's factual findings for clear error and its ultimate determination to terminate parental rights for an abuse of discretion."

*1258In re Child of Ronald W. , 2018 ME 107, ¶ 6, 190 A.3d 1029. On appeal, the mother challenges the sufficiency of the evidence supporting the court's factual findings, arguing that the court impermissibly adopted facts from prior proceedings. The father advances no arguments on appeal.

[¶5] At the outset, we note that the father's appellate counsel followed the appropriate briefing process for when counsel does not believe that there are any arguable issues on appeal in a termination of parental rights case:

When a parent's attorney in a child protection case believes, in good faith, that there are no arguable issues of merit in an appeal, counsel should: [ (1) f]ile with the Court, with a copy to the client, a brief outlining the factual and procedural history of the case, ... including a statement that counsel believes that there are no arguable issues of merit for an appeal[; (2) p]rovide the client with notice that, if the client believes that there is a valid ground for appeal, the client should file (a) a brief with this Court identifying the issues the client wishes to raise on appeal, and (b) a request for the appointment of new counsel if the client desires new representation[; and (3) r]equest from this Court a reasonable extension of time for filing the appellant's brief to allow the client time to prepare and file a separate brief addressing the issues on appeal from the client's perspective.

In re M.C. , 2014 ME 128, ¶ 7, 104 A.3d 139.

[¶6] Here, on September 17, 2018, counsel for the father filed an appellate brief containing only a procedural history and statement of facts, accompanied by a motion for enlargement of time to permit the father to personally file a supplemental brief. Counsel's brief concluded that he did not believe that there were any arguable issues on appeal. We granted the motion to allow the father to personally file a supplemental brief on or before October 19, 2018. Although he had the opportunity, the father did not file a supplemental brief. See id. ¶ 8.

[¶7] Regarding the issue on appeal, the mother, without citing authority and notwithstanding her counsel's waiver of any objection at the hearing,1 contends that the District Court erred in taking judicial notice of prior proceedings because in those proceedings the burden of proof was a preponderance of the evidence, whereas at the termination of parental rights stage the standard was clear and convincing evidence. See 22 M.R.S. §§ 4035, 4055 (2017).

In Scott S. , we held:

When a court enters a judgment containing findings of fact and conclusions of law, those findings become a matter of judicial record. A judge may take judicial notice of any matter of record when that matter is relevant to the proceedings at hand.

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Related

In re Children of Melissa S.
2019 ME 63 (Supreme Judicial Court of Maine, 2019)
In re Children of Anthony L.
207 A.3d 624 (Supreme Judicial Court of Maine, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
200 A.3d 1256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bradford-w-me-2019.